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FDA files appeal in Ecigarette case .... again

In a not completely unforeseen move, the FDA has filed an appeal to the result of their appeal in the Sotera vs FDA Ecigarette case.

Earlier this month the US Court of Appeals upheld the earlier ruling that the FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products. Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009, the FDA asks that the entire court of appeals for the district of Colombia hold a new hearing to review the appeal and reinstate a stay of the preliminary injunction barring them from seizing ecigarette imports pending that hearing.

 

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The FDA asks that the entire


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The FDA asks that the entire court of appeals for the district of Colombia hold a new hearing to review the appeal and reinstate a stay of the preliminary injunction barring them from seizing ecigarette imports pending that hearing.

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Claiming that the three-judge


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Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009.

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Earlier this month the US


Earlier this month the US Court of Appeals upheld the earlier ruling that the used cars FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products.

Will be on the look-out of


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Claiming that the three-judge


Claiming that the three-judge panel's decision "rests on a clear error of law and will undermine" the intentions of Congress who gave the FDA jurisdiction over tobacco products in 2009

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Earlier this month the US


Earlier this month the US Court of Appeals upheld the earlier ruling that the FDA cannot regulate ecigarettes as drug delivery devices and instead must regulate them as tobacco products.

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Thanks for the update


We had a feeling this was coming. 

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